The European Commission is currently negotiating a series of investment and free trade agreements to include the controversial investor-state dispute settlement (ISDS) mechanism. The ETUC opposes the ISDS mechanism as it carries significant risks for the education sector and democratic decision-making in general. ISDS practice shows that the right to regulation is often compromised, as investors may challenge rules that they believe infringe on their market access rights or hurt their future profits. In addition, by definition, ISDS grants a special right to foreign investors who are not available to citizens and domestic investors. Twenty-three Member States of the European Union (« EU ») [1] have signed an agreement that provides for the termination of about 130 bilateral investment agreements within the EU or « BITs » (the « Repeal Agreement »). The Repeal Agreement shall enter into force thirty days after receipt of a second instrument of ratification, approval or acceptance by the Secretary-General of the Council of the European Union. [2] The Repeal Agreement does not apply to multilateral investment agreements to which EU Member States are parties, such as. B the Energy Charter Treaty (« ECT »). Intra-EU EDPs are agreements between two EU Member States that contain mutual obligations to promote and protect private investments made by nationals of the signatories in the territory of the other Member State. In addition to providing substantive protection for investments against adverse State measures (such as expropriation, unfair or unfair treatment or discrimination), these ATTs generally contain arbitral provisions to settle investment disputes between the Contracting Member State hosting the investment and investors of the other Contracting Member State before a private international arbitral tribunal instead of the courts.

s national. By promoting investment, the EU aims to promote the creation of a more transparent, efficient and predictable climate for investors. This involves, for example, making information on investment rules public and easy or reducing delays in obtaining state and authorizations. .